SANTA ANA : Court Orders Release of Bolsa Chica Draft

A Superior Court commissioner ruled Tuesday that Huntington Beach officials must release a draft of an environmental impact report on proposed development in the Bolsa Chica area.

Commissioner Eleanor M. Palk’s order came after the city had refused to let anyone from the public or media view the preliminary report, for which the city paid $400,000. Officials had argued that it was incomplete and needed editing.

Palk gave the city time to produce a copy not marked up with scribbles and penciled comments. A clean copy is expected to be released within the next few days unless the city appeals, which City Atty. Gail C. Hutton said she is considering.

The court order brought cheers from Huntington Beach Tomorrow and Save Our Parks, two civic organizations that have frequently alleged that the city was trying to exclude the public.

“This is great,” said Debbie Cook, a representative of Save Our Parks. “City government sometimes treats the public as if we’re the enemy. The city officials need to know we’re friends and want to help solve the city’s problems.”

Dave Smith, president of Huntington Beach Tomorrow, said: “We welcome with open arms the fact that the judge has allowed the public to view the draft. . . . In the past, by not including the citizens in the planning process, the city has let itself in for lawsuits.”

Freedom Newspapers, the owner of the Orange County Register, sued Huntington Beach for refusing to release the draft report. The suit charged that the city was violating the state’s public records law.

Mark Wray, attorney for Freedom Newspapers, argued that the public is interested in learning what will happen to the Bolsa Chica wetlands under proposed development. The Koll Co. is proposing to build up to 4,884 dwelling units on highlands surrounding the Bolsa Chica marsh.

“Public interest in this is extremely hot,” Wray said in his court arguments on Tuesday. “It (the report) contains a wealth of factual information.”

Huntington Beach Deputy City Atty. Robert Sangster told Palk that the city would release the final draft of the environmental report June 1. Sangster argued that the preliminary draft was exempt from the state’s public records law because the draft was only “raw data . . . not a decision-making document.”

But Wray told the court that copies of the preliminary report already are being circulated and that the Army Corps of Engineers and the Koll Co. have seen it. In his court papers, Wray said that Huntington Beach tax dollars paid for the consultant’s report and that public scrutiny, even of the early draft, is justified.

Sangster, however, argued that “confusion” would result if information in the draft report is released. He said many corrections are needed in the draft.

But Wray said the public can benefit from comparison of a preliminary report and a final document.

Commissioner Palk shared that view. “Sometimes very interesting things happen” between an early draft and a final document, she said.